SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

REGIONAL BOARD RESPOjj§E(SWRCB/OCC FILE A-1524(A)) -13- PETITION FOR REVIEW OF WASTE DISCHARGE REQUIREMENTS ORDER NO.R5-2002-0181 CITY OF STOCKTON AND SAN JOAQUIN COUNTY PHASE I MUNICIPAL SEPARATE STORM SEWER SYSTEM programs [55 Fed. Reg.47990,48037 (Nov. 16, 1990)]. Municipalities must address certain categories of"permissible"non-storm water discharges in their SWMP. According to USEPA, permits may contain conditions allowing the permittee to either"prohibit or otherwise control any of these types of discharges where appropriate."The WDRs are consistent with this requirement. Prohibition B.1 of the WDRs state that the Permittees shall "effectively prohibit all types of non-storm water discharges into its municipal storm sewer systems" with some exceptions. Prohibition B.2 sets forth the categories of non- storm water discharges that are permissible. The WDRs further provide that any discharges within these permissible categories are prohibited unless they are appropriately controlled (Prohibition B.3). Thus, the CWA does not require a flat prohibition on non-storm water discharges, and the WDRs "effectively prohibit" such discharges in a manner and with a process that is consistent with the CWA and the USEPA's interpretation of the Act. FIFTEENTH BASIS: THE WDRs' NEW DEVELOPMENT STANDARDS ARE INCONSISTENT WITH THE PROHIBITION ON PERMITTING NEW SOURCES AND NEW DISCHARGES OF POLLUTANTS ALREADY IMPAIRING A WATER BODY DeltaKeeper requests that the State Board remand the WDRs to the Regional Board to prohibit the permitting of new sources and new discharges of pollutants already impairing water bodies (see Comment No.2(f)(6),A.R.,Item 13) DeltaKeeper incompletely cites the definition of a new source. Under the Clean Water Act, "new sources" means "[A]ny building, structure, facility, or installation from which there is or may be a `discharge of pollutants,' the construction of which commenced: (a) After promulgation of standards of performance under section 306 of CWA which are applicable to such source, or(b) After proposal of standards of performance in accordance with section 306 of CWA which are applicable to such source, but only if the standards are promulgated in accordance with section 306 within 120 days of their proposal" (40 CFR 122.2; see also 33 U.S.C. § 1316(a)(2)). Clean Water Act Section 306 governs the development of national standards of performance for certain categories of sources. (33 U.S.C. § 1316) As such, Congress tailored Section 306 to certain narrow sectors. The national standards of performance appear as effluent guidelines in CFR; title 40, chapter 1, subchapter N (commencing with part 400). The national performance standards must be applied to"new sources" that are to be issued an NPDES permit. (33 U.S.0 § 1316(b)(1)(B)). There are no new source performance standards that apply to storm water discharges. Additionally, the WDRs are consistent, as they must be, with the precedential provisions of State Board Order WQ 2000-11 regarding SUSMPs. SIXTEENTH BASIS: THE WDRs IMPROPERLY DELEGATE AUTHORITY TO THE EXECUTIVE OFFICER THAT IS RESERVED FOR THE REGIONAL BOARD DeltaKeeper requests that the State Board remand the WDRs to the Regional Board to amend applicable provisions to limit any administrative approvals or modifications to the list contained in 40 CFR§ 122.63 (see Comment No. 2(g),A.R.,Item 13) The WDRs do not impermissibly delegate to the Executive Officer the ability to issue or modify waste discharge requirements. DeltaKeeper essentially raises concerns with three aspects of the WDRs;the